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44-1203. Same; minimum wage; computation; applicability of section. (a) Except as otherwise provided in the minimum wage and maximum hours law, every employer shall pay to each employee wages at a rate as follows:

(1) Prior to January 1, 2010, employee wages shall be paid at a rate of not less than $2.65 an hour; and

(2) on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour.

(b) In calculating such minimum wage rate, an employer may include tips and gratuities received by an employee if such tips and gratuities have customarily constituted part of the remuneration of the employee and if the employee concerned actually received and retained such tips and gratuities. For employees receiving tips and gratuities, the employer shall pay a minimum wage of at least $2.13 an hour. If when combined with the minimum wage rate prescribed in this subsection the amount of the employee's tips and gratuities are:

(1) At least equal to $7.25 an hour, no further payment is required by the employer; or

(2) less than $7.25 an hour, the employer must pay the employee the difference between $7.25 an hour and the actual hourly amount received by the employee determined by combining the amount of tips and gratuities received by the employee with the minimum wage prescribed by this subsection paid by the employer.

(c) The provisions of this section shall not apply to any employers and employees who are covered under the provisions of the federal fair labor standards act (29 U.S.C.A. § 201 et seq.), and any other acts amendatory thereof or supplemental thereto.

History: L. 1977, ch. 179, § 5; L. 1988, ch. 175, § 2; L. 2009, ch. 115, § 1; July 1.

Attorney General's Opinions:

Fair labor standards act; applicability to sheriff's department. 87-75.

Minimum wage; unlawful delegation of legislative authority to establish as provided by federal law. 2001-08.


1. County is an employer under K.S.A. 44-1201 et seq. State ex rel. Ludwick v. Board of Johnson County Comm'rs, 233 Kan. 79, 81, 661 P.2d 377 (1983).

2. Act does not incorporate provisions of fair labor standards act; exemptions not coextensive. Dollison v. Osborne County, 241 Kan. 374, 382, 737 P.2d 43 (1987).

3. Cited; undersheriff as entitled to overtime compensation examined; payment of more than minimum wage no bar to overtime compensation. Dollison v. Osborne Co., 243 Kan. 763, 765, 763 P.2d 1101 (1988).

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